DRAKSHAYINI Vs. DODDEGOWDA

JUDGEMENT

(1.) This appeal is by the unsuccessful plaintiff, who is before this Court being aggrieved by the judgment and decree dtd. 18/8/2017, passed in O.S.No.419/2009, on the file of Principal Civil Judge and J.M.F.C., Channarayapatna, ('trial Court' for short), which is confirmed by judgment and decree dtd. 27/11/2018, passed in R.A.No.35/2017, on the file of Senior Civil Judge and J.M.F.C., Channarayapatna.

(2.) The above suit in O.S.No.35/2017 is filed by the plaintiff seeking the relief of specific performance of contract of sale of the suit schedule property.

(3.) It is the case of the plaintiff that the defendant No.1 is the owner of the suit schedule property, who is well acquainted with the plaintiff. That the plaintiff has been residing in a house existing on the suit schedule property along with her family for more than fifteen years as a tenant under the defendant No.1. That in the month of November 2003, the defendant No.1 expressed his desire to sell the suit property including the house situated therein for his legal necessities. After negotiations, the price was fixed at Rs.80,000.00 and on 20/11/2003, an Agreement of Sale was executed by defendant No.1 in favour of the plaintiff agreeing to convey the suit property. The plaintiff paid Rs.50,000.00 by way of cash and adjusted Rs.10,000.00 towards advance, which was paid under the tenancy and agreed to execute the Sale Deed by receiving the balance sale consideration of Rs.20,000.00.